MONTGOMERY, Alabama -- Attorney General Luther Strange has filed a lawsuit to try to shut down casinos operated by the Poarch Band of Creek Indians.

Strange called the lawsuit another tool to stop illegal gambling. A statement issued by the Poarch Band called the lawsuit without merit and said Strange had no jurisdiction over Indian land.

The lawsuit alleges that the Poarch Band is “operating, advancing, and profiting from unlawful gambling activity" at three casinos across the state. It also, in a novel approach, claims the casinos on Native American land are a public nuisance to the surrounding areas and should be shut down.

“As I have said many times, my office will use every tool at its
disposal to stop illegal gambling in Alabama, wherever it is located.
This lawsuit against the Poarch Band is one of those tools," Strange said.

A Poarch spokeswoman issued a statement saying Strange had no authority over Indian land.

"While we respect Mr. Strange’s attempts to fulfill his duties as State Attorney General, he is not a federal official and therefore, has no jurisdiction or enforcement authority over tribal land or tribal gaming operations," the statement read.

"While Mr. Strange may target Victory Land and any other gaming facility in the State, this lawsuit against Poarch filed in Circuit Court is yet another example of Mr. Strange refusing to recognize the sovereignty of the Poarch Band of Creek Indians," the Poarch statement read.

Federally recognized tribes are allowed to have the same classes of gambling found in other parts of the state without signing a compact with the state.

Strange has argued the machines at the Poarch Creek casinos are like the Las-Vegas style slot machines a tribe would need a compact to operate. The Poarch Band maintain the machines are legal electronic bingo machines.

The lawsuit is the latest legal skirmish over the slot-machine look-alikes. The Poarch Band operates casinos in Atmore, Wetumpka and Montgomery.

The
lawsuit was filed this morning in Elmore Circuit Court and asks the
court to enjoin the casinos' operations.

"The state has an interest in the welfare of the people within her domain and, of consequence, in enforcement of the state’s declared public policy against lotteries or gift schemes," the lawsuit contends.

Strange said he was left with "no choice but to file this lawsuit" because of the inaction of the National Indian Gaming Commission. Strange said he sent two letters to the commission, which regulates gaming on Native American land, opposing Poarch Band operations.

Strange in October urged the Alabama congressional delegation to oppose a legislative "fix" to the Carcieri v. Salazar Supreme Court ruling that is theoretically problematic for some newer tribes.

The court ruling said that the US. Secretary of Interior did not have the authority to set aside state land for tribes recognized after 1934.

The Poarch Band has disagreed with Strange's interpretation of the ruling.